Nance v. Carolina Central Railroad
Supreme Court of North Carolina
Civil action, heard upon demurrer, by Avery, Judge, at Spring Term, 1886, of the Superior Court of CLEVELAND county. The complaint was as follows: “The plaintiffs complain and allege: 1. That the defendant is a corporation, created, organized and doing business, under the laws of the State, under the name aforesaid, and at the time hereinafter named being such corporation, was a common carrier of passengers for hire, between the town of Shelby in the county of Cleveland and…
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Civil action, heard upon demurrer, by Avery, Judge, at Spring Term, 1886, of the Superior Court of CLEVELAND county. The complaint was as follows: “The plaintiffs complain and allege: 1. That the defendant is a corporation, created, organized and doing business, under the laws of the State, under the name aforesaid, and at the time hereinafter named being such corporation, was a common carrier of passengers for hire, between the town of Shelby in the county of Cleveland and a depot or station in said county on the line of said road called Waco. 2. That on or about the 14th day of June, 1884,…
1Opinion of the CourtMeRRIMON, J.
For the purpose of deciding the questions of law raised by the demurrer, the facts alleged in the complaint must be taken as true, and so accepting them, we are of opinion that the demurrer was properly overruled.
It was the obvious duty of the defendant to stop its train at the station named, and permit the plaintiff to get off safely. The usual signal for stopping there was given, and the sneed of the train was slackened, preparatory to a stop. It was proper— certainly not negligent on her part — at the signal, to prepare to get off the train promptly, and as its speed grew slower and yet…
2Cases cited4 opinions
- Manly v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1876
- Turrentine v. . Richmond Davidson RailroadSupreme Court of North Carolina · 1885
- J. A. Lambeth v. . N.C. R. R. Co.Supreme Court of North Carolina · 1872
- Stout v. . SmithNew York Court of Appeals · 1885
3Cited by19 opinions
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Peterson v. RailroadSupreme Court of North Carolina · 1906
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
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